Minutes - Meeting of the Port Phillip City Council - 5 February 2025
MINUTES OF THE Meeting of the Port Phillip City Council HELD 5 February 2025 IN St Kilda Town Hall AND VIRTUAL VIA TEAMS
The meeting opened at 6:32pm.
IN ATTENDANCE
Cr Crawford (Chairperson), Cr Buckingham, Cr Cunsolo, Cr Halliday, Cr Hardy, Cr Jay, Cr Makin, Cr Mears, Cr Thomann.
Chris Carroll, Chief Executive Officer, Brian Tee, General Manager City Growth and Development, Kylie Bennetts, General Manager Community Wellbeing and Inclusion, Lachlan Johnson, General Manager, Operations and Infrastructure, Claire Stevens, General Manager Organisational Capability and Experience, Robyn Borley, Director Governance and Performance, Nellie Montague, Manager Safety and Amenity, Simon Hill, Executive Manager Waste and City Amenity, Paul Wood, Manager City Development, James Gullan, Head of Governance, Emily Williams, Senior Council Business Advisor.
The City of Port Phillip respectfully acknowledges the Traditional Owners of this land, the people of the Kulin Nations. We pay our respect to their Elders, past and present. We acknowledge and uphold their continuing relationship to this land.
1. Apologies
Councillor Jay joined the meeting at 6:35pm.
2. Confirmation of Minutes
That the minutes of the Meeting of the Port Phillip City Council held on 11 December 2024 be confirmed. A vote was taken and the MOTION was CARRIED. |
3. DECLARATIONS OF CONFLICTS OF INTEREST
Nil.
4. PUBLIC QUESTION TIME and submissions
Public Questions are summarised below. The submissions were made verbally and can be listened to in full on our website: http://webcast.portphillip.vic.gov.au/archivephp.
Public Question Time:
· Frank Artuso: Firstly, excluding Elster Creek catchment issues of stormwater housing and the Head Street drain duplication. What current flood mitigation efforts are currently underway across COPP? How does Council assess the metrics of storm tide inundation impacts on property values, insurance premiums for both Council and residents, local infrastructure and amenities? Are you aware of Department of Energy, Environment and Climate Action (DEECA) December 2023 Inundation Hazard Assessment Report which identifies storm tide risks in Albert Park, Middle Park and Port Melbourne? Separately, CoreLogic highlights Port Melbourne as vulnerable. Council’s manages 13 bay bound drains to the bay and 20 Gross Pollutant Traps with one in Princes Street Port Melbourne under consideration. Reference your response to: CCTV drain inspection, Sea walls, barriers & coastal morphology, Sand dunes & plantings, Implication of development, any other operational considerations & stakeholders relevant to flood mitigation.
Secondly, Canary Island date palm trees infected by Fusarium Wilt have been removed on the residential side of Beaconsfield Parade between Pickles and Harold Streets, this has left 27 vacant plots. Council has placed placards and the Council website states: "Planting out these plots is an interim measure while the long-term planting strategy is being finalised.". Can Council please provide an update, assuming Council is wanting a tree change and isn't keen on recurring wilting palms?
Brian Tee, General Manager City Growth and Development responded to the Elster Creek and flood mitigation questions advising that Port Phillip is a low lying municipality and are at risk of flooding as we have seen and experienced. The data in the Coastal Hazards Assessment Report, show that our risks are increasing and will continue to do so. In terms of our response, Council is not focused on the issue of housing values and insurance premiums. What we are focused on is making sure that all buildings and redevelopments, both public and private that are approved by Council are taking into account the risk of flood inundation. We’ve got the Coastal Hazard Assessment, Melbourne Water are providing us with updated flood mapping information which we anticipate to get from them in mid-2025. Council is working with Melbourne Water alongside the State Government who will identify if there needs to be a change in the planning controls and the way in which developments can occur, this may include increased heights, increased platforms or further changes to make sure that we are ready for the impact of climate change. This is a real issue that Council takes very seriously that Council will work with the relevant stakeholders and the community on. In terms of drainage, our drains are effective and are a very important way for us to redistribute water and to make sure that we minimise the impact of flooding. Council officers regularly check and maintain the drains using CCTV to check for blockages and to ensure they are functioning how they should. We have a large budget of around $8m over five years to make sure that our drains are maintained and renewed. This is a constant core business function of Council to ensure our assets and infrastructure meet the challenges of all natural hazards, but particularly flooding in Port Phillip. Part of that is also the work we’re doing on the Coastal Adaptation Plan and Foreshore Management Plan which both look at Council’s assets to ensure that as much as possible, these are future proof.
Simon Hill, Executive Manager Waste and City Amenity advised that Councils position to not plant Fusarium susceptible species back into, or close to, sites where there has been a positive identification of Fusarium Wilt. The current planting out of the vacant tree plots is to provide some interim greening along the street scape and improve the soil health while a decision is made on the what will be used to replace the Canary Island Date Palms. The Urban Forest Strategy, adopted by Council last year, includes an action item (32) to ‘Refine and implement a Palm Tree Management Plan’. The development of this plan will include community consultation to determine which species will form the replacement planting. This could be an alternate palm species or tree. This action is listed for this year and we expect to complete community consultation mid-year and be able to present a recommendation to Council by the end of this calendar year.
· Trina Lewis: The nature strip in front of our houses is a huge space, leading into a Howe Crescent Reserve. Over the last 20+ years, it has been transformed from a barren space into a “botanical garden”, with extensive planting and maintenance by both Council and residents. It was a space loved and admired in the neighbourhood. Unfortunately on 2 February 2025, the nature strip garden was stripped of many mature plants, both Council and resident planted - a blatant and senseless act of vandalism of Council property. The person responsible has been identified as a local resident. What action will the Council take regarding this case of extreme vandalism? In the interests of continuing to “green” Port Phillip, and encouraging positive contributions from residents, what action can you take to help protect significant plantings in common areas in the future? Can you please investigate and assess the area for replanting and revegetation?
Nellie Montague, Manager Safety and Amenity advised that we are very sorry to hear about the damage that has been done to the nature strip on Howe Crescent, South Melbourne. In response to your questions, the Local Laws team will conduct an investigation and if appropriate can issue infringements related to interfering with Council assets. Local Laws and the Open Space team will investigate and assess the area for replanting/revegetation. We encourage and support residents under the Nature Strip Guidelines to contribute to planting and greening while also ensuring safe access for people accessing parked vehicles and crossing the street. Local Laws officers conduct proactive and reactive patrols across a range of areas, if residents see criminal damage occurring we encourage you to call Police and let us know.
· Michael Barrett: The City of Port Phillip Council Plan 2021-31 volume 2 page 43 indicates an FY24/25 budget on Waste Management costs of $20.033 million for Operating Costs and $0.302 million for Capital Costs. Can you share the actual costs for these two items versus budget for the first half of the FY24/25 financial year and secondly in light of these actual first half figure results, how confident is the Council of achieving the FY24/25 budgeted figures as laid out in the City of Port Phillip Council Plan 2021-31?
Simon Hill, Executive Manager Waste and City Amenity advised that the figures quoted in your question have been taken from the 2023/24 budget (Year 3 of the Council Plan). The updated figures for 2024/25 (from the most recent Council Plan and Budget) are $19.7m operational and $0.3m capital. Year to date spend to end December for the two items are:
• $0.18m out of $0.3m for Capital – this includes bin repairs and replacements
• $8.9m out of $19.7m for Operating – this includes waste collection and disposal, resource recovery centre, dumped rubbish and waste transformation program.
The majority of these services are contracted, so Council is confident that the budget will be spent. However, we have seen lower volumes of Food Organics Garden Organics compared to budget which has resulted in some savings (~0.4m). These savings will be captured and held in our waste charge reserve.
· Simon Spain: Firstly, regarding 41-49 Bank St South Melbourne: The community understands that developers post bonds to ensure public realm restoration. Can Council explain why the bond was released before the nature strip was properly refurbished? What steps can ensure the developer meets their obligations and has this site restored?
Secondly, regarding 28 Albert Road South Melbourne: ongoing construction management issues include dirt and mud ingress reported formally by neighboring buildings. Can Council review their platform for all concerns raised for 28 Albert Road, and develop a plan for better site management? Additionally, construction workers have been observed to be occupying parking spaces without regard for restrictions, accepting fines without moving their vehicles. Can Council address this to ensure compliance by the builders and investigate minimising disruptions to residents and businesses?
Nellie Montague, Manager Safety and Amenity advised that prior to commencing any work, builders are required to acquire a asset protection permit that ensures public assets and infrastructure, such as nature strips, are protected from potential damage during construction activities. As part of this process, a bond is held by the council as financial security to cover any necessary restoration works should damage occur. Upon completion of the works at 41-49 Bank Street, the developer applied for the release of the bond. In response, Council's Asset Protection Officers conducted a site inspection to assess whether all public assets were restored to their original condition and free from damage. The inspection confirmed full compliance with the required standards which are to seed or spray seeds and the bond was returned to the developer in full. Once the site is handed over, ongoing maintenance of the nature strip becomes the responsibility of the building management or the developer, depending on their arrangement. We will continue to monitor to ensure full restoration of the nature strip. Council acknowledges the concerns raised regarding construction management at 28 Albert Road, South Melbourne. Our Local Laws team will formally review the reported issues related to dirt and mud ingress and ensure appropriate measures are in place to address them. Additionally, we will continue to enforce parking restrictions and work with building sites to find appropriate locations for worker’s vehicles including options for work zones.
· Jenni Roper: In January 2025, a march took place in starting with 200 people and growing to over 300 as we walked down Acland Street, this turn out speaks volumes about how deeply residents care about community safety and their urgent desire for change. While I acknowledge the complexities involved, there has been a clear shift of responsibility between the Council, Police and the State Government, but no resolution. In December 2024, a safety motion was passed stating there would be a roundtable discussion. When can residents and traders expect to see the recommendations and implementation dates from this roundtable? The Council stated in this agenda, we are always looking for ways to improve the services etc., in our high streets and surrounding areas. With that in mind, I’m asking the Council to advocate for the following actions:
A pop-up police station on Fitzroy Street, more police patrols, State Government funding for expanded CCTV coverage, Enforcement of the no-camping laws where appropriate, PSOs patrolling the streets to add another layer of safety and increased daily mental health support services to address underlying issues.
Brian Tee, General Manager City Growth and Development advised that Council is very aware and concerned about the community safety issues that is bought to our attention both through forums like this, directly through community members, and every day of the year when our safety and amenity officers patrol our streets. The Council resolution from 11 December 2024 reaffirmed Council’s commitment to a safe, live-able community. The resolution called for Council to set up a roundtable to meet with Health, Housing, Police and other stakeholders and we have done that. The Mayor has written to the Victorian Police Commissioner, we’ve met with Police and service providers and are starting to set out an agenda for a roundtable. We want to ensure that everyone is as prepared as possible for the roundtable so that we get the best outcomes for our community to be safer. In terms of advocacy, the Mayor wrote to the Police seeking additional resources and additional joint patrols. Those joint patrols are about safeguarding Council’s safety and amenity officers but also are a deterrence and opportunity to address crime on the streets as it happens. We are continuing to look for other advocacy options, whether that be PSOs on the trams on Acland Street or the pop up police station on Fitzroy Street. We are very active in advocating for further resources in every opportunity that we get, we work very closely with Police to try and get those joint patrols underway.
We are not just waiting for the round table to take effect, in the meantime, we are working through policy ideas and working on the renewal of our CCTV program. This program was originally funded by the State Government to provide direct CCTV access to the Police station, but despite our advocacy we have been unable to get that funding. Council has stepped in and is looking to fund the renewal rather than waiting for funding. We are also looking to expanding our safety and amenity patrols, at the moment in winter, the patrols do not occur in the afternoons which are looking at immediately to improve safety outcomes. We are also reviewing our community safety plan, as part of this there will be an opportunity for the community to participate and help us to identify steps and initiatives that we can take to improve safety. We will keep the community up to date on Council’s website on the progress and outcomes of the roundtable.
· Eamon Dawson: A quick update on the Jackson Street Car Park, it is still regular used as a drug dealing and heavy hotspot, but the frequency has dramatically reduced due to police and Council local laws working together. I have reported to Council today an instance of camping in the car park by people who are not homeless and parts of Fitzroy Street are still experiencing issues. What response did the Mayor get from her letter to the Chief Commissioner of Victoria Police as to what the Council could do to help police do their work better, for example tightening of the no camping laws? At what stage is Community Safety round table at?
Brian Tee, General Manager City Growth and Development acknowledged the success that has happened at the Jackson Street car park and called out the good work of the Local Laws officers who have done an enormous amount of work in that space. Council will continue to respond to ensure a safe environment for the local community. We have been and will continue to issue infringements for breaches of Councils local laws, in these instances, these are limited, but we will use every opportunity and every avenue that we have. The Police commissioners pre office has provided receipt of the Mayors letter and in the meantime, the CEO has met with the Police local commander who has indicated that a more formal response is forthcoming soon. The initial feedback from the local commander was very positive, there is a willingness for them to work with Councillors and on the roundtable and to have a look at what local law changes Councillors and the community should consider.
Chris Carroll, Chief Executive Officer advised that the discussion had with the local area commander, while working through the round table, that we would also set up a joint working group that would work outside of that to ensure we are working at pace and it was a very constructive conversation. We will start work on that shortly.
· Flossy Sperring: Parks Victoria have entered into a direct negotiation with Phillip Island Nature Parks to take over management of St Kilda penguin visitation. Earthcare St Kilda are being consulted with, but we feel that the process has been performative rather than collaborative. Earthcare are pushing for affordable access to the penguins for the community and the continued involvement of volunteers as has been the case for 35 years. The penguins will be fine, this is now just about the community. Penguin viewing will be free for at least 12 months, but the future cost is unknown. Phillip Island Nature Parks have not prioritised involvement by the local community and volunteers, despite our efforts. The current proposal is not suitable for volunteers. The consultation process is ongoing, however Earthcare feel that there is little that we can do. Earthcare would like the Council to contact Minister Dimopoulous, Nina Taylor, and Parks Victoria in support of Earthcare, requesting that ongoing affordable access to the colony and the involvement of volunteers be ensured. Will the Council follow up with these parties to get a resolution for us?
James Gullan, Head of Governance, advised that the Victorian Government is the asset manager for the St Kilda Pier and similarly Parks Victoria have a partnership with Earthcare around the management of the penguins and their protection. In terms of advocacy at the City of Port Phillip, it is prescribed under our advocacy strategy which requires Councillor consideration. The question was taken on notice to provide advocacy options moving forward
· Victoria Horner: In May 2024 we lodged a petition with the Council to deal with the ongoing issue of non-resident recreational vehicle parking in residential streets. The petition was not responded to until August 2024 and was dismissed out of hand. What is the Council’s immediate plan and timeframe to address the ongoing and increasing issue of non-residential recreational vehicle parking in residential streets? What will the community consultation look like and when will it occur?
Nellie Montague, Manager Safety and Amenity advised that currently it is not illegal for registered trailers, boats and caravans to park in unrestricted parking areas if they do not exceed 7.5 meters in length and 4.5 tonnes in weight. Some other Council areas stipulate in their Local Laws how long these type of vehicles can be parked Council has commenced the statutory process to introduce a municipal wide Local Law to effectively manage the long-term parking of caravans, trailers, and boats as part of the 2025/26 budget process which in line with the Local Government Act requires community engagement. Pending the budget process this would commence in August 2025 with an aim to introduce a new Local Law by June 2026. We encourage residents to find long term storage options when not using their trailer, boats and caravans such as storage facilities or garages to ensure their vehicles are safe while also allowing access for people to park their cars on local roads.
Currently it is not illegal for registered trailers, boats and caravans to park in unrestricted parking areas if they do not exceed 7.5 meters in length and 4.5 tonnes in weight. In response to your question about your petition for changes to parking restrictions – this was investigated by the Transport Safety Team on receipt of the petition in May 2024. This is the standard process for implementing parking changes across the City and balancing the needs of residents, traders and commuters. Council’s Parking Management Policy provides the framework for how we manage on-street parking within the City of Port Phillip. The review found that there was consistently parking availability on the residential frontage of Lyndon Street that could be used by residents and their visitors despite the parking of boats, trailers and caravans adjacent to the rail line. We appreciate the community’s need for urgent change to this scenario; officers are working to meet this need, while ensuring due diligence is undertaken to implement long-term solutions. We will be in touch with you further to work through the case.
Council Report Submissions:
Item 7.1 Petition: Demand Proactive Measures for Community Safety and Crisis Services in City of Port Phillip
· James Radalj |
· Jason Rouda |
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Item 10.1: Planning permit application at 1 and 2/30 Kalymna Grove St Kilda East
· Naomi Orsillo |
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Item 14.1: Notice of Motion – Mayor Crawford – South African Soldiers Memorial Rededication Event
· Marcus Pearl |
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5. Councillor question time
· Councillor Thomann: Following up from the vandalism to a Howe Crescent nature strip referenced during public question time. If there is damage to a Council asset, and we find out who caused the damage, will the Council issue a fine or issue an invoice to the person for the expenses to repair the damage?
Brian Tee, General Manager City Growth and Development advised that if Council found any information in relation to any vandalism. It would likely be an issue that we would refer to the Police if the conduct is criminal in nature.
· Councillor Thomann: People may have discovered that Council is going out for re tender of our Waste services contract. There were issues with the previous tendering which resulted in a previous Council decision to re tender. Have processes been put in place to ensure that the fiasco that occurred a couple of years ago is not going to re occur?
Lachlan Johnson, General Manager Operations and Infrastructure advised that the delivery of Council’s waste and recycling services is a vital service that is highly valued by our community. Following significant service disruptions when our current contractor took over delivering these services in mid-2023, in June last year, the previous Council resolved to enter into a commercial settlement with our current provider, Citywide. As part of that settlement, the initial term of the current contract was adjusted to three years finishing in July 2026, with further extensions by mutual agreement. Council as part of that report, committed to retender the waste and recycling services ahead of a decision in mid-2025. Council is currently in the final stages of preparing to release a tender for these services.
An independent review of the circumstances surrounding the procurement and transition to the current provider made numerous recommendations of how Council can better manage risk in the procurement of such high-value and high-risk services. Council officers committed to an extensive program of governance, policy, procedure and capability uplifts to respond to the findings of the independent review. These actions have been progressively implemented and detailed updates have been provided to the Audit and Risk Committee (ARCo) at each meeting since the adoption of the plan in May 2024. The learnings and insights from the previous procurement for waste and recycling services have been applied extensively in the current preparations to go to market. This has included the establishment of dedicated governance and assurance over the specification development and preparations for tender. These governance arrangements will remain in place throughout the procurement and transition to a new provider. Additionally, a full review of the specification and data that underpins it has been undertaken. A key finding from the independent review, and a focus of the improvements implemented to Council’s processes over the last year, has been the management of risk associated with the transition of services from one provider to another. Council officers have developed detailed draft transition plans (to be refined as part of the procurement process) that include deliverables, evidence thresholds of the achievement of milestones, monitoring, and independent assurance. Additionally, the project will require a detailed ‘go-live’ date that will ensure that a new contract can successfully be implemented on day one. These measures will ensure that the community receives waste and recycling collection services at the level they reasonably expect us to provide.
· Councillor Halliday: We’ve had a couple of discussions tonight about the potential amendment to Local Laws, one regarding caravan parking which is already underway, and a potential one relating to community safety. These Local law reviews are extensive. Do these happen as separate processes, become one process whereby multiple changes to the Local Law are taken out to community for consultation as a single change that we propose?
Brian Tee, General Manager City Growth and Development advised that the statutory requirement provides that at the end of a ten year period, all local laws require to be reviewed. That intensive process occurred and concluded at Port Phillip 18 months ago. The legislation also provides that Council can in that interim period go through that same statutory process to review Local Laws within the 10 year period, whether that be individually or a number of specific local laws at one time. We have a decision of Council to review the local law relating to caravan parking. If through the round table process or any other process, there was a Council decision to proceed with other changes to Local Laws, we would aim to consider these together as one process. We haven’t sequenced that, but that would be our intention to consider together if it were to happen as reviewing local laws individually is incredibly resourceful and requires to go out to community consultation each time.
6. Sealing Schedule
Nil.
7. Petitions and Joint Letters
The Mayor adjourned the meeting for a break at 7:50pm.
The meeting resumed at 7:58pm.
8. Presentation of CEO Report
PURPOSE 1.1 To provide Council with a regular update from the Chief Executive Officer regarding Council’s activities and performance. |
The following question was taken on notice during discussion of the item: Councillor Jay: The report refers to 10 joint patrols with police and 90 clean ups during November 2024. Can officers provide a breakdown of the cost of these to the community? Lachlan Johnson, General Manager Operations and Infrastructure took the question on notice. |
That Council: 3.1 Notes the CEO Report – Issue 113 (provided as Attachment 1) 3.2 Authorises the CEO or their delegate to make minor editorial amendments that do not substantially alter the content of the reports. A vote was taken and the MOTION was CARRIED unanimously. |
9. Inclusive Port Phillip
Nil.
10. Liveable Port Phillip
11. Sustainable Port Phillip
Nil.
12. Vibrant Port Phillip
Nil.
13. Well Governed Port Phillip
14. Notices of Motion
15. Reports by Councillor Delegates
Councillor Makin reported as the Councillor delegate to the Metropolitan Transport Forum to announce they have been appointed as Deputy Chair of the Committee at the first meeting.
Councillor Thomann reported as the delegate to the Business Advisory Group (BAG) to inform that Crs Thomann and Jay have attended the first two meetings and acknowledged the enthusiasm from businesses across the City working together for the betterment of businesses through our streets. Councillor Thomann acknowledged the good synergy and energy amongst the Committee.
Councillor Jay reported as the Councillor delegate to the St Kilda Esplanade Market reference Committee to inform they have attended their first meeting alongside Councillor Bryan Mears. Councillor Jay expressed how impressed they were at how far the market has come over the last ten years and shared their hope that the market can continue to bring more excitement and great stall holders to both visitors and locals to the area.
16. URGENT BUSINESS
Nil.
17. Confidential Matters
Nil.
As there was no further business the meeting closed at 8.29pm.
Chairperson ________________________________________